brought on record to show that the deceased was cooking food. He points out that in the investigation, no stove was recovered, which would have been the most naturally recovered article, had the incident occurred due to an accident during cooking. He submits that on the contrary, a matchbox, matchsticks, burnt clothes, and slippers of the deceased were found scattered in different rooms, thereby clearly indicating signs of struggle. In support of his submissions, the learned APP relies on the judgment of this Court in Aslam v. State , 2017 SCC OnLine Del 11970, to submit that the surrounding circumstances falsify the appellants‟ version of accidental burning. 26. He submits that the prosecution‟s case primarily rests upon the dying declaration of the deceased recorded by the SDM, which forms the backbone of the prosecution‟s case. The same was recorded after the deceased had been certified by the doctor to be fit to make a statement. In this regard, reliance is also placed on the statement of PW-3/ Smt. Satbir Silas , the SDM, who deposed that the deceased was conscious and in a fit state of mind when she made the statement. In the said statement, the deceased implicated individual roles upon the appellants and further made certain allegations of cruelty, harassment, and dowry demands. The learned APP submits that this statement was consistent, natural, and free from any tutoring. It is, therefore, sufficient to uphold the conviction of the appellants.
